Rule 26.3 – Mistrial

Before ordering a mistrial, the court shall provide an opportunity for the state and for each defendant to comment on the propriety of the order, including whether each party consents or objects to a mistrial, and to suggest any alternatives.W.Va. R. Crim. P....

Rule 26 – Taking of testimony

In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules, the West Virginia Rules of Evidence, or other rules adopted by the Supreme Court of Appeals.W.Va. R. Crim. P. 26Effective October 1, 1981; amended...

Rule 25 – Judge; disability

(a)During trial. – If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying familiarity with the...

Rule 24 – Trial jurors

(a)Examination. – The court may permit the defendant or the defendant’s attorney and the attorney for the state to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event the court shall permit the defendant...